A/HRC/45/52
occurred during the reporting period. Structures for implementing legal and policy
frameworks and holding perpetrators accountable continue to be weak. The Ministry of
Women and Human Rights Development, United Nations partners and others have been
training judges, prosecutors and police officers on prosecuting for crimes of sexual violence
and conflict-related sexual violence. Women and children protection units have been set up
in some police units.
78.
During the period under review, the United Nations recorded hundreds of sexual
violence incidents against women and girls attributed to unidentified armed men, clan
militiamen, Al-Shabaab elements and members of the Somali police and armed forces. 60
Although the number of prosecutions is expected to increase following technical training, it
still remains very low. In most instances, families and victims prefer to complain to the
traditional courts, where damages could be awarded to the male family member of the
victim or the perpetrator is requested to marry the victim of sexual violence according to
xeer. The outcomes of efforts by the authorities to change this practice are mixed. The
Independent Expert is concerned that if the sexual offences bill is not enacted, justice will
elude survivors of sexual violence. She urges the Federal Government to adopt the bill so as
to enhance accountability.
3.
Harmful practices
79.
The Provisional Federal Constitution prohibits female genital mutilation, yet this
practice is widespread. 61 At the federal level, a draft bill providing a framework for
combating female genital mutilation in Somalia was submitted to Parliament in 201862 and
bills outlawing female genital mutilation in Jubbaland and Puntland were reviewed by the
state parliaments on 14 and 21 November 2019, respectively. 63
80.
While these are important steps in the right direction, harmful practices have
continued unabated and, in some instances, have increased. According to information
contained in The Somali Health and Demographic Survey 2020, 99 per cent of Somali girls
and women aged 15–49 years have undergone female genital mutilation and 72 per cent of
women believe that undergoing female genital mutilation is a religious obligation. These
findings notwithstanding, female genital mutilation poses a risk to the health and well-being
of women and girls who are subjected to it and constitutes a violation of the rights of the
child. The current strategies implemented by the Somali authorities to overcome resistance
to the bills by religious and traditional leaders who oppose the current age of marriage for
girls and wish to reduce it to 15 years, which presents significant physical and
psychological health risks, including death in some cases, appear to be ineffective. The
Independent Expert is concerned that the continuing delay in adopting these bills exposes
girls to cruel and degrading treatment and undermines efforts to criminalize acts of torture
and provide redress for survivors.
81.
The Independent Expert urges the Somali authorities to accelerate consultations and
national dialogues on female genital mutilation with key stakeholders with a view to
reaching a consensus on remaining obstacles, adopt the draft female genital mutilation and
sexual offences bills, provide assistance to victims and implement a national programme to
combat this harmful practice.
F.
Protecting children from armed conflict
82.
The Federal Government has recognized the need to place children at the centre of
its humanitarian and development agenda and has committed itself to enhancing the
protection of children from the effects of conflict by strengthening the legislative,
institutional frameworks at the national level, including by drafting a comprehensive child
rights bill in line with its obligations under the Convention on the Rights of the Child. In
60
61
62
63
S/2019/884, para. 49, S/2020/121, para. 56, S/2020/398, para. 52, and S/2020/487, paras. 43–45.
Provisional Federal Constitution, article 15 (2) and (4).
S/2019/884, para. 53.
S/2020/121, para. 59.
17
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